West Virginia Record

WINFIELD - A woman has filed a petition to stop the City of Hurricane from destroying a structure that she believes she may own.

Pauline Graham filed a petition for a temporary injunction and damages for various violations of due process, equal protection and harassment Nov. 19 in the Circuit Court of Putnam County against the City of Hurricane; its officers, agents and employees; Mayor Scott Edwards; Municipal Judge Phyllis Smith; City Manager Ben Newhouse; and City Building Code Official Danny Brickles.

Graham alleges the City of Hurricane is threatening to demolish a structure on real property she may own. She says the property in issue is being assessed and that the property is currently in heirship by Graham.

According to the petition, on March 28, the Municipal Court of Hurricane illegally and improperly issued an order stating the subject property was a nuisance and ordered its repair or destruction.

Graham says the order was not properly served to her and that it is void and illegal because it does not comply with Section 1125.05 of Hurricane ordinances. Graham alleges she was never given notice of any hearing or any opportunity to testify or present evidence and that she was advised the structure would be demolished on Nov 20. She says the structure contains valuable property including antique furniture which would be destroyed.

Graham is requesting the court to immediately issue a temporary injunction prohibiting the respondents from destroying any of her property until a court hearing on the issue. She is being represented in the case by attorney Richard J. Lindroth.

Putnam County Circuit Court Civil Action No. 13-C-374